소유권이전등기
1. Revocation of a judgment of the first instance;
2. The defendant is about the motor vehicle indicated in the attached Form from the plaintiff.
1. Basic facts, the grounds for the court to state this part of the parties’ assertion are as stated in the corresponding part of the reasoning of the judgment of the court of first instance, and thus, they are cited by the main sentence of Article 420 of the Civil Procedure Act
2. Determination on the cause of the claim
A. In order to terminate a contract on the grounds of the obligor’s delay of performance in the relevant legal doctrine, the obligee should demand performance by setting a reasonable period pursuant to Article 544 of the Civil Act.
In cancelling a contract on the grounds of delay of performance, the peremptory notice of performance, which is a prerequisite for the premise, is not necessarily required to be specified in advance for a certain period, and the right of rescission shall arise after a reasonable period has elapsed from the highest time.
B. (See Supreme Court Decision 94Da35930 delivered on November 25, 1994).
Judgment
The Defendant did not pay KRW 1,182,760 in total, including entrusted management expenses for the month from June 2018 to August 2018, and insurance premiums for the month from August 2018, and the Plaintiff sent to the Defendant on August 22, 2018, a written notice demanding payment of KRW 1,182,760 in total, including entrusted management expenses for the month from June 2018 to August 2018, and insurance premiums for the August 2018 (hereinafter referred to as “documents 1”) by content-certified mail. The Defendant is presumed to have received a written delivery at that time.
The content of the first document does not stipulate a considerable period of time to pay the above money immediately after the receipt of the above document, but it is recognized as the highest period of its performance. In light of the nature of the debt, the right to terminate the contract for the reason of delinquency in entrusted management expenses, etc. by the defendant for a considerable period of time from September 7, 2018. Even if the defendant paid management expenses, insurance premiums, etc. to the plaintiff on August 24, 2018, the right to terminate the contract is not impeded the plaintiff's right to terminate the contract.